M.Badhusha, S/O.Miyantraja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Badhusha ... Petitioner Vs 1.The State of Tamil Nadu represented by The Principal Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Commissioner, Madurai Corporation, Alagarcoil Road, Madurai.

3.The District Collector, District Collector Office, Madurai District.

4.The Executive Engineer, Tamil Nadu Housing Board, Madurai.

... Respondents [R4 is suo motu impleaded vide order dated 07.06.2023] PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to pay fair and reasonable amount of compensation for the death of the petitioner's son by name 1/4

Mohammed Saber aged about 10 years in sewage tank and to take appropriate action to prevent such incident in future in accordance with law within the time stipulated by this Court.

For petitioner : Mr.R.Alagumani For Respondent : Mr.P.T.Thiraviyam Nos.1 & 3 Government Advocate For Respondent :Mr.S.Vinayak, No.2

ORDER

This writ petition has been filed for a direction to the respondents to pay compensation for the death of his son.

2.The respondent Corporation has taken a stand that the incident which was taken place in Villapuram Housing Board Colony and the petitioner's son died one month after the incident.

3.In view of the above, this Court suo motu impleaded the Executive Officer of the Tamil Nadu Housing Board, Madurai by order dated 07.06.2023 as a party respondent to this writ petition and directed the petitioner to take private notice to the 3rd respondent. However, the petitioner has not taken any steps to serve notice on the 3rd respondent as directed by this Court on 07.06.2023. 2/4

4.In view of the above this writ petition is dismissed with liberty to the petitioner to work out his remedy before the Tamil Nadu Housing Board. No costs. 03.10.2023 Internet : Yes / No Index : Yes / No NCC : Yes / No dsk To 1.The Principal Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Commissioner, Madurai Corporation, Alagarcoil Road, Madurai.

3.The District Collector, District Collector Office, Madurai District.

4.The Executive Engineer, Tamil Nadu Housing Board, Madurai.

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B.PUGALENDHI, J.

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